The judgment below is reversed and the case is remanded to Seoul High Court.

1. As to whether the appeal of this case was lawful, if a duplicate of the petition of appeal and the summons of the date of pleading was served by public notice, and the original copy of the judgment was served by public notice, the defendant shall be deemed to have been unaware of the fact that the plaintiff filed an appeal and the appellate procedure was in progress by public notice, and barring any special circumstance, the defendant may be deemed not to have been aware of the service of the judgment without negligence. In such a case, the defendant falls under a case where the defendant was unable to observe the peremptory period due to a cause not attributable to him, and thus, he may make an appeal within two weeks from

(1) According to the records, the lower court’s judgment (see, e.g., Supreme Court Decisions 95Da21365, May 30, 1997; 2009Da1665, May 14, 2009). In so doing, it can be seen that the Defendant submitted the instant petition of appeal to the lower court on March 29, 2018, within two weeks from the date on which the lower court was declared, with the knowledge of the fact that the Defendant was served by service by public notice, and submitted the instant summons to the lower court on March 29, 2018, which was within two weeks from the date on which the period for filing an appeal against the lower judgment was expired.

Examining these facts in light of the legal principles as seen earlier, the Defendant was unable to comply with the period of final appeal, which is a peremptory term, due to any cause not attributable to himself. In such a case, the Defendant may subsequently make a subsequent supplement of the final appeal from March 28, 2018 to two weeks after having become aware of the fact that the lower judgment was served by public notice. Therefore, the final appeal of this case is lawful.

2. As to the grounds of appeal on which the procedural right of the party was infringed, the defendant shall serve by publication all the litigation documents from the duplicate of the petition of appeal.